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Opinions Jan. 25, 2012

January 25, 2012
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7th Circuit Court of Appeals had posted no Indiana opinions at IL deadline.

Indiana Supreme Court and Indiana Tax Court had posted no opinions at IL deadline.


Indiana Court of Appeals
Timothy Long v. State of Indiana
49A02-1105-CR-381
Criminal. Affirms sentence for Class A misdemeanor operating a vehicle while intoxicated and being a habitual substance offender. Because the master commissioner presided at Long’s guilty plea hearing, and not at a criminal trial, she did not have the authority to enter a final judgment on Long’s sentence. Marion Superior Judge Linda Brown did not err by rejecting the master commissioner’s sentence and imposing her own sentence.

Natalie E. Murrell v. State of Indiana
67A01-1106-CR-251
Criminal. The trial court did not err by rejecting Murrell’s defense of duress. Murrell’s Class C felony conviction of attempting to provide cellular telephones to an inmate does not violate the proportionality clause of the Indiana Constitution. Remands with instructions for the trial court to correct its written sentencing order to impose concurrent sentences.

Kevin Walsh v. Chris Sweeney Construction, Inc. (NFP)
17A05-1107-PL-370
Civil plenary. Affirms order foreclosing Chris Sweeney Construction’s mechanic’s lien on Walsh’s home, awarding Sweeny Construction unjust enrichment damages for unpaid labor services and attorney fees and denying Walsh’s counterclaims. Remands for correction of scrivener’s error.

Anthony Earl Coakley v. State of Indiana (NFP)
02A03-1107-CR-358
Criminal. Affirms conviction of Class A misdemeanor resisting law enforcement.

Michael D. Perkinson, Jr. v. Kay Char Perkinson (NFP)
36A05-1106-DR-322
Domestic relation. Reverses denial of motion to correct error that challenged the trial court order denying Perkinson Jr.’s verified petition for modification of parenting time and support. Remands for further proceedings.

Jeremiah L. Hancock v. State of Indiana (NFP)
47A01-1104-CR-201
Criminal. Affirms sentence following guilty plea to murder.

Jennifer Hutchens v. Gregory Sausaman (NFP)
43A04-1107-DR-395
Domestic relation. Affirms order granting custody of Hutchens’ daughter to Sausaman. Denies Sausaman’s request for appellate attorney fees.

Ryan N. Myers v. State of Indiana (NFP)
18A02-1104-CR-378
Criminal. Affirms denial of motion to withdraw guilty plea to Class A felony child molesting.

Kenneth W. Gibbs v. Indiana Parole Board (NFP)
52A04-1106-MI-378
Miscellaneous. Affirms denial of Gibbs’ petition for mandate requiring the Indiana Parole Board to determine his parole eligibility based on a vote of all five board members.

Ellettsville Holdings, LLC v. Garnett D. Kinser (NFP)
53A04-1103-PL-121
Civil plenary. Affirms judgment in favor of Kinser on Ellettsville Holdings’ complaint for damages based upon claims of breach of the parties’ purchase agreement and breach of warranty.

Jameson Curry v. State of Indiana (NFP)
02A03-1104-CR-175
Criminal. Affirms conviction of Class C felony child molesting, but remands for sentence modification pursuant to Appellate Rule 7(B).

James Roby v. State of Indiana (NFP)
27A05-1106-CR-302
Criminal. Affirms conviction of Class D felony possession of cocaine.

In the Matter of the Term. of the Parent-Child Rel. of K.V., and Q.M.S. v. Indiana Dept. of Child Services (NFP)
79A02-1105-JT-535
Juvenile. Affirms involuntary termination of parental rights.

Anthony P. Wamue v. State of Indiana (NFP)
02A03-1106-CR-293
Criminal. Affirms conviction of Class A misdemeanor resisting law enforcement.

Dwayne Burnett v. Review Board of the Indiana Dept. of Workforce Development and Opportunity Enterprises, Inc. (NFP)
http://media.ibj.com/Lawyer/websites/opinions/index.php?pdf=2012/january/01251207jsk.pdf
93A02-1106-EX-607
Agency appeal. Affirms finding that Burnett is disqualified from receiving unemployment insurance benefits.

 

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  1. Poor Judge Brown probably thought that by slavishly serving the godz of the age her violations of 18th century concepts like due process and the rule of law would be overlooked. Mayhaps she was merely a Judge ahead of her time?

  2. in a lawyer discipline case Judge Brown, now removed, was presiding over a hearing about a lawyer accused of the supposedly heinous ethical violation of saying the words "Illegal immigrant." (IN re Barker) http://www.in.gov/judiciary/files/order-discipline-2013-55S00-1008-DI-429.pdf .... I wonder if when we compare the egregious violations of due process by Judge Brown, to her chiding of another lawyer for politically incorrectness, if there are any conclusions to be drawn about what kind of person, what kind of judge, what kind of apparatchik, is busy implementing the agenda of political correctness and making off-limits legit advocacy about an adverse party in a suit whose illegal alien status is relevant? I am just asking the question, the reader can make own conclsuion. Oh wait-- did I use the wrong adjective-- let me rephrase that, um undocumented alien?

  3. of course the bigger questions of whether or not the people want to pay for ANY bussing is off limits, due to the Supreme Court protecting the people from DEMOCRACY. Several decades hence from desegregation and bussing plans and we STILL need to be taking all this taxpayer money to combat mostly-imagined "discrimination" in the most obviously failed social program of the postwar period.

  4. You can put your photos anywhere you like... When someone steals it they know it doesn't belong to them. And, a man getting a divorce is automatically not a nice guy...? That's ridiculous. Since when is need of money a conflict of interest? That would mean that no one should have a job unless they are already financially solvent without a job... A photographer is also under no obligation to use a watermark (again, people know when a photo doesn't belong to them) or provide contact information. Hey, he didn't make it easy for me to pay him so I'll just take it! Well heck, might as well walk out of the grocery store with a cart full of food because the lines are too long and you don't find that convenient. "Only in Indiana." Oh, now you're passing judgement on an entire state... What state do you live in? I need to characterize everyone in your state as ignorant and opinionated. And the final bit of ignorance; assuming a photo anyone would want is lucky and then how much does your camera have to cost to make it a good photo, in your obviously relevant opinion?

  5. Seventh Circuit Court Judge Diane Wood has stated in “The Rule of Law in Times of Stress” (2003), “that neither laws nor the procedures used to create or implement them should be secret; and . . . the laws must not be arbitrary.” According to the American Bar Association, Wood’s quote drives home this point: The rule of law also requires that people can expect predictable results from the legal system; this is what Judge Wood implies when she says that “the laws must not be arbitrary.” Predictable results mean that people who act in the same way can expect the law to treat them in the same way. If similar actions do not produce similar legal outcomes, people cannot use the law to guide their actions, and a “rule of law” does not exist.

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